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BELOW ARE THE RESPONSES TO FOI INFO ON THE STATS USED BY LEAS REGARDING SAFEGUARDING WHICH WERE IN THE REPORT
FOI REQUEST TO SEE CORRESPODENCE WITH BADMAN AND ALSO ANOTHER FOR INFO FROM LOCAL AUTHORITY VIA THE DCSF
BELOW IS REASON SOMEONES REQUEST WAS REJECTED

Original Post on Badman Review Action Group

AFTER THAT- I HAVE COPIED THE RELEVANT SECTION IN LAW

While I can confirm that the Department holds information within scope
of your request it is being withheld because the following exemptions
apply:

Section 35(1)(a) of the Act. This exemption is engaged in respect of all
the information within scope of your request because the information
relates to the formulation and development of government policy. As this
is a qualified exemption under the Act the Department is required to
balance the public interest in releasing the information against that in
withholding the information. The Department recognises the general
public interest in openness, transparency and being able to hold
government to account; it accepts that release of the information could
give the public insight into how such reviews are set up and conducted;
and it accepts that release of the information could provide reassurance
that this review is properly commissioned and constituted. Conversely it
recognises that release of the information would, or would be likely to,
prejudice effective policy formulation and development through
inhibiting the free and frank provision of advice and exchange of views,
both in this and future reviews. The Department notes that this review
was at the time of the request, and is currently, still in progress. It
notes that the reasons for the review and the appointment of Mr Badman
have been announced publicly. It also considers that the paramount
public interest lies in securing a thorough and well-conducted review
which is able to take account of a wider range of views and reach and
express its conclusions without distraction as swiftly as possible. In
the Department's view the balance of public interest therefore falls
clearly in favour of withholding the information.

Section 40 of the Act. This exemption is engaged in respect of some of
the information within scope of your request which contains personal
data, the release of which would contravene the data protection
principles set out in the Data Protection Act 1998. As this is an
absolute exemption the Department is not required to run a test to
balance the public interest in withholding the information against that
in release.

Section 43 of the Act. This exemption is engaged in respect of some of
the information within scope of your request, the disclosure of which
would, or would be likely to prejudice commercial interests, including
those of the Department. As this is a qualified exemption under the Act
the Department is required to balance the public interest in releasing
the information against that in withholding the information. While the
Department recognises the general public interest in openness,
transparency and being able to hold government to account and that there
is particular interest in financial matters, it takes the view that
public interest is best served by being able to conduct discussions
about contractual matters in a way which respects confidentiality,
especially during the period of the work in question, and which does not
adversely impact on future negotiations. The key public interest lies
both in securing a thorough and well-conducted review which is able to
take account of a wider range of views and reach and express its
conclusions without distraction as swiftly as possible, and in
protecting commercially sensitive information.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future
communications.

If you are unhappy with the way your request has been handled, you
should make a complaint to the Department by writing to me within two
calendar months of the date of this letter. Your complaint will be
considered by an independent review panel, who were not involved in the
original consideration of your request.

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner's Office.

Yours sincerely,

Josephine Bell (Mrs)

SECOND REFUSAL

Thank you for your email request which we received on 2 April for a copy
of Birmingham local authority's response to a questionnaire sent to all
local authorities in respect of the independent review of home
education.

In response to your request I can now advise you that the information
you have requested is being withheld under the Freedom of Information
Act 2000. The exemptions which apply to this information are: sections
36 (2) (b and c) of the Freedom of Information Act. I can confirm that
we hold information falling within the terms of your request.

Qualified Exemptions - requiring a public interest test

Section 36 is engaged because the disclosure of the information would,
or would be likely to, prejudice the effective conduct of public affairs
and inhibit the free and frank provision of advice and exchange of views
for the purposes of deliberation. As required under the Act, the
opinion of the Department's 'qualified person' (a Minister) has been
obtained to the effect that the exemption is engaged.

The Department considers that section 36 is engaged in respect of the
whole of the information received from the local authority. These
exemptions require public interest balancing tests. The tests are
summarised in the attached document.

The results of the public interest tests carried out by the Department
are that it is not in the public interest for any of the information in
respect of which the exemptions are engaged to be released.

If you have any queries about this letter, please contact me. Please
remember to quote our reference number in any future communications.

If you are unhappy with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision, you should write to me within two calendar months of the date
of this letter.

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted our
complaints/review procedure.

Yours sincerely,

Josephine Bell (Mrs)

3)

20 May 2009

35 Formulation of government policy, etc
(1) Information held by a government department or by the National Assembly for Wales is exempt information if it relates to—

(a) the formulation or development of government policy,

(b) Ministerial communications,

(c) the provision of advice by any of the Law Officers or any request for the provision of such advice, or

(d) the operation of any Ministerial private office.

(2) Once a decision as to government policy has been taken, any statistical information used to provide an informed background to the taking of the decision is not to be regarded—

(a) for the purposes of subsection (1)(a), as relating to the formulation or development of government policy, or

(b) for the purposes of subsection (1)(b), as relating to Ministerial communications.

(3) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

(4) In making any determination required by section 2(1)(b) or (2)(b) in relation to information which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.

(5) In this section—

“government policy” includes the policy of the Executive Committee of the Northern Ireland Assembly and the policy of the National Assembly for Wales;

“the Law Officers” means the Attorney General, the Solicitor General, the Advocate General for Scotland, the Lord Advocate, the Solicitor General for Scotland and the Attorney General for Northern Ireland;

“Ministerial communications” means any communications—

(a)
between Ministers of the Crown,

(b)
between Northern Ireland Ministers, including Northern Ireland junior Ministers, or

(c)
between Assembly Secretaries, including the Assembly First Secretary,

and includes, in particular, proceedings of the Cabinet or of any committee of the Cabinet, proceedings of the Executive Committee of the Northern Ireland Assembly, and proceedings of the executive committee of the National Assembly for Wales;

“Ministerial private office” means any part of a government department which provides personal administrative support to a Minister of the Crown, to a Northern Ireland Minister or a Northern Ireland junior Minister or any part of the administration of the National Assembly for Wales providing personal administrative support to the Assembly First Secretary or an Assembly Secretary;

“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the [1998 c. 47.] Northern Ireland Act 1998.

36 Prejudice to effective conduct of public affairs
(1) This section applies to—

(a) information which is held by a government department or by the National Assembly for Wales and is not exempt information by virtue of section 35, and

(b) information which is held by any other public authority.

(2) Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act—

(a) would, or would be likely to, prejudice—

(i) the maintenance of the convention of the collective responsibility of Ministers of the Crown, or

(ii) the work of the Executive Committee of the Northern Ireland Assembly, or

(iii) the work of the executive committee of the National Assembly for Wales,

(b) would, or would be likely to, inhibit—

(i) the free and frank provision of advice, or

(ii) the free and frank exchange of views for the purposes of deliberation, or

(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.

(3) The duty to confirm or deny does not arise in relation to information to which this section applies (or would apply if held by the public authority) if, or to the extent that, in the reasonable opinion of a qualified person, compliance with section 1(1)(a) would, or would be likely to, have any of the effects mentioned in subsection (2).

(4) In relation to statistical information, subsections (2) and (3) shall have effect with the omission of the words “in the reasonable opinion of a qualified person”.

(5) In subsections (2) and (3) “qualified person”—

(a) in relation to information held by a government department in the charge of a Minister of the Crown, means any Minister of the Crown,

(b) in relation to information held by a Northern Ireland department, means the Northern Ireland Minister in charge of the department,

(c) in relation to information held by any other government department, means the commissioners or other person in charge of that department,

(d) in relation to information held by the House of Commons, means the Speaker of that House,

(e) in relation to information held by the House of Lords, means the Clerk of the Parliaments,

(f) in relation to information held by the Northern Ireland Assembly, means the Presiding Officer,

(g) in relation to information held by the National Assembly for Wales, means the Assembly First Secretary,

(h) in relation to information held by any Welsh public authority other than the Auditor General for Wales, means—

(i) the public authority, or

(ii) any officer or employee of the authority authorised by the Assembly First Secretary,

(i) in relation to information held by the National Audit Office, means the Comptroller and Auditor General,

(j) in relation to information held by the Northern Ireland Audit Office, means the Comptroller and Auditor General for Northern Ireland,

(k) in relation to information held by the Auditor General for Wales, means the Auditor General for Wales,

(l) in relation to information held by any Northern Ireland public authority other than the Northern Ireland Audit Office, means—

(i) the public authority, or

(ii) any officer or employee of the authority authorised by the First Minister and deputy First Minister in Northern Ireland acting jointly,

(m) in relation to information held by the Greater London Authority, means the Mayor of London,

(n) in relation to information held by a functional body within the meaning of the [1999 c. 29.] Greater London Authority Act 1999, means the chairman of that functional body, and

(o) in relation to information held by any public authority not falling within any of paragraphs (a) to (n), means—

(i) a Minister of the Crown,

(ii) the public authority, if authorised for the purposes of this section by a Minister of the Crown, or

(iii) any officer or employee of the public authority who is authorised for the purposes of this section by a Minister of the Crown.

(6) Any authorisation for the purposes of this section—

(a) may relate to a specified person or to persons falling within a specified class,

(b) may be general or limited to particular classes of case, and

(c) may be granted subject to conditions.

(7) A certificate signed by the qualified person referred to in subsection (5)(d) or (e) above certifying that in his reasonable opinion—

(a) disclosure of information held by either House of Parliament, or

(b) compliance with section 1(1)(a) by either House,

would, or would be likely to, have any of the effects mentioned in subsection (2) shall be conclusive evidence of that fact.